The single most important issue raised in Nelson Chamisa’s
Con-Court challenge of Emmerson Mnangagwa’s electoral victory was that the
election process was not free, fair and credible. This is important because it
is our repeated failure to hold free elections has landed us in this economic
and political mess. And, of immediate importance to us all, until we hold free
and fair elections, we are not getting out of the mess.
Given Zimbabwe’s checked history of rigged elections and the tragic
and dire consequences this repeated failure to hold free, fair and credible
elections have brought to the entire nation. It was therefore wrong for Chief
Justice Luke Malaba and his fellow eight Chief Justices to consider the case
before the court mere as a Chamisa vs Mnangagwa and ZEC. It was a lot more than
that, it was The People of Zimbabwe vs Zanu PF and its surrogate undemocratic institutions.
Zimbabwe is in a serious economic mess, no one can ever dispute
that point, with unemployment a nauseating 90% and 3 out of 4 Zimbabweans
living on US$1.00 or less a day. It is a well-established fact the country is
in this mess because of 38 years of corrupt and tyrannical rule, which even the
hardliner Zanu PF supporters like President Mnangagwa and his junta have since
accepted and hence their justification for staging the coup last November.
“We are only targeting criminals around (Mugabe), who are
committing crimes that are causing social and economic suffering in the
country, in order to bring them to justice,” the coup spokesman, Major General
and now Minister of Foreign Affairs, Sibusiso Moyo announced in the small hours
of 15 November 2017.
Ever since the coup President Mnangagwa and the junta have again
and again tried to put distance between the Mugabe era and the post-coup era,
insisting this was a new democratic dispensation. They have even promised to
hold free, fair and credible elections, to underline their commitment to
democratic rule and values.
So the importance of Zimbabwe holding free, fair and credible
elections as the only sure way to end the country’s very serious economic situation
in obvious to all especially the country’s learned and who is more so than a
Con-Court judges. The issue of whether these elections were free, fair and
credible was of great national importance; far beyond the individual or party
political interest of Nelson Chamisa and MDC Alliance and Emmerson Mnangagwa
and Zanu PF respectively. To listen to Chief Justice Malaba deliver the
Con-Court decision one could not help but feel the Chief Justice considered the
case a personal matter.
Whilst the Chief Justice did not deny that there were very
serious irregularities in the conduct of these elections such as ZEC’s failure
to release a clean and verified voters’ roll although this is a legal
requirement; ZEC’s failure to record cases where individuals had requested and
were allowed to cast the presidential vote only, also a legal requirement; etc.
He went to town in explaining that the full import of these irregularities were
lost because the applicant, Nelson Chamisa, had failed to demand that the
sealed ballot boxes must be opened so the quality of the voters’ roll could be
ascertained, that no record of those casting presidential ballots only was
kept, etc.
It is a historic fact that Zanu PF did bus its supporters around
in the 2013 elections who were able to cast multiple votes but with no verified
voters’ roll, the smoking gun, it was impossible to prove anything. With no
verified voters’ roll again this year there is a distinct possibility that Zanu
PF would have tried the same or similar vote rigging tactics.
Agreed, Chamisa should have exercised his right as the applicant
to demand access to the contents of the sealed ballot boxes, “primary source evidence,”
as the Chief Justice called it, and based his court challenge on that evidence.
He did not and so his case collapsed and rightly so too!
But since this case was a lot more than Chamisa vs Mnangagwa but
The people of Zimbabwe vs the Zanu PF dictatorship it was incumbent on the
judges to demand that the sealed ballot boxes must be opened so that the court’s
judgement on this matter is itself based on the primary source evidence.
Whilst underlining the reason why Chamisa’s case had failed
because it failed to produce “primary source evidence” one tell that no one was
more relieved that no ballot boxes had been opened that the Chief Justice
himself and his fellow eight judges. Of course, they know that the elections
were rigged and opening those 11 000 plus ballot boxes would have been the
equivalent of opening the graves of 11 000 mass murder victims. Each with its
own individual identity and its own gruesome horror tale to tell! The stench
would have been nauseating.
It is common knowledge that these elections were rigged. By
failing to keep his promise to hold free, fair and credible elections President
Mnangagwa and his coup junta friends have consolidated their iron grip on power
but at a very high price. They have also reaffirmed to the world that his new
democratic dispensation was a lie, Zimbabwe is still a pariah state ruled by
vote-rigging thugs.
Justice was not served by Con-Court confirming Emmerson Dambudzo
Mnangagwa as the duly elected president when the court itself, not just
Chamisa, failed to bring out the primary source evidence everyone knows would
have proven beyond doubt that the elections were rigged. Indeed, the betrayal
by both Chamisa and Con-Court in demanding the opening of ballot boxes will go
down in history as yet another golden opportunity to end the Zanu PF
dictatorship that was wasted!
12 comments:
@Hakata
Having failed to implement even one democratic reform during the GNU, MDC have given up on reforms, they pay lip service to reforms only as an excuse for losing elections. They messed up on their best chance to implement the reforms during the GNU and they know it.
Raila Odinga did implement many reforms in Kenya and hence the reason why Uhuru Kenyatta has found it so difficult to rig elections in 2012 and beyond. You cannot compare Odinga with Tsvangirai/Chamisa.
"Chief Justice Malaba: "Applicant needed more evidence, than the mere admission by ZEC of the inaccuracy of the figures". So if a person pleads guilty, it's not enough.
"You must bring MORE evidence to PROVE their ADMISSION of guilt. What kind of justice is this? Pray for Zimbabwe," Professor Jonathan Moyo tweeted.
Well Moyo has a point! But then we should remember this is the same judiciary that said military coups are legal in Zimbabwe!
"How I sincerely hoped and wished you would, at least for once in your political career, be truthful to the faithful MDC fans who have been going all out to support you in all your loses, notwithstanding, but you choose to still blindly build up their hopes when you know there's none," posted Nyarai.
This could have been easily avoided only if MDC supporters had shown the willingness to open their eyes and question things instead of following blindly like sheep to the slaughter. After the MDC leaders failed to implement even one democratic reform during the GNU the party members should have taken the leaders to task demanding to know what happened.
A naive and gullible electorate is a curse to the nation and one only hopes that MDC supporters will now finally open their eyes and see these MDC leaders for whom they really are - village idiots!
He is the one who dragged the nation into these flawed elections, promising to stop Zanu PF rigging the election.
"MDC has stringent measures to stop Zanu PF rigging the elections!" he said. The nation has every right to now ask where those measure are?
Of course, MDC fcuk up big time and this time they will be held to account!
The minute I saw the name, Eddie Cross, I started dreading what nonsense he will be wittering about. He did not disappoint!
"This was a turning point for us as a country, the Mugabe era is behind us - we have a legitimate Government elected in an election which was not "free and fair" by any standard but was a big step forward after the criminal subversion of our democracy since 1980 by the Mugabe led administration," he said.
If the elections were NOT free and fair by any standard (at least he got that one right) then how can the government still be legitimate?
The same thugs who rigged the elections to keep Mugabe in power for 37 years have just done the same thing to keep themselves in power. We have not made any progress at all.
"It strengthens Constitutionalism, the rule of law and respect for the Bench," you blabbered.
Chief Justice Malaba and his fellow judges were aware of glaring serious elections irregularities such as ZEC's failure to produce clean and verified voters' roll. They could have easily demanded that the sealed ballot boxes must be opened if they wanted to see "primary source evidence" of what a mess the voters' roll and thus confirm the elections were indeed rigged. They chose bury their heads in the sand and pretend there was nothing wrong. How that enhances the people's respect for the Bench beggars belief!
Eddie Cross it was you and your fellow MDC leaders' breath-taking incompetence and selling-out these last 20 years that has helped Zanu PF stay in power. Why do you do the nation a big favour and shut your trap! You are not helping the nation with all your foolish nonsense!
Minister Moyo says re-engagement to continue.
Minister Moyo is the one who announced to the world that last November's military coup was not a coup but a "military assisted transition". No doubt he thought everyone would be fooled by that and, sadly, he still continues to live in his own make-believe fools' world. Everyone with half a brain knows that these elections were rigged. Investors and lenders are a shrewd lot, they do not do business with vote rigging thugs!
MDC has blundered from pillar to post for the last 20 years so what makes you think they "come back stronger and wiser in future"? Even if they were to do so, what is wrong with pointing out that they have blundered? This is just typical of people who prefer to bury theor heads in the sand and will not want to admit they failed.
"Poor written and poorly argued!" and yet fails to give us a sample of what you can do!
Sithembile Mpofu, a Harare lawyer and political analyst, said Makarau’s inclusion actually helped the ConCourt arrive at a more informed decision.
“The ConCourt bench was privileged to have Justice Makarau sitting to hear the case.
“Her previous assignment as the chairperson of ZEC provided much needed expertise on the technicalities of the election process.
This is nonsense! One of the biggest criticism against ZEC was its failure to produce a clean and verified voters roll. It turns out that one of the reasons for this was ZEC’s failure to start the voter registration exercise timeously. The exercise starter in September 2017 when it should have started in January 2015 at the latest. Rita Makarau was ZEC chairperson until December 2017 and so she would have been called as a witness.
@ Think Tank.
"This is poorly written and poorly argued. Your essay, sir, is incoherent and disjointed. And besides, it is always easy to attack someone's strategy in retrospect. I am sure that there are plenty of things Chamisa and his team would have done differently in retrospect. That is the point of making mistakes. The Alliance will come back stronger and wiser in future," you said.
Well if the article is poorly written and poorly argued and you are competent to make that assessment then it is poorly written and poorly argued. I will say three things:
1) makes you think you are competent to make that assessment?
2) considering the seriousness of the subject matter before us and the lack of serious debate on the matter, I would rather have poorly written articles the few who care about the tragic situation we are in than nothing from those claiming to be Zimbabwe's answer to William Shakespeare and Mark Twain.
3) Forget how poorly written the article is just comment on the ideas expressed. I have always found those people obsessed about spelling and grammar it is because they have nothing to offer when it comes to the real important matter - ideas.
Today Zimbabwe has just sworn into office a corrupt and murderous thugs and his gang of utterly useless empty heads into power, thanks to the blundering MDC idiots who help the junta rig the elections and get away with it. The nation will be stuck with this corrupt and tyrannical regime for the next five years. Whether that is badly written and badly argued, it is of no consequence what matters is that is the truth!
"I am sure that there are plenty of things Chamisa and his team would have done differently in retrospect. That is the point of making mistakes. The Alliance will come back stronger and wiser in future," you said.
How many times have MDC leaders participated in elections with no reforms in place? These guys have already proven beyond doubt that they are breathtakingly corrupt and incompetent. The only reason people like you still continue to support them is because you are not so clever yourself and hence tend to follow blindly like sheep to the slaughter.
The irony of a sceptic tank masquerading as the think tank has not escape my notice!
@ MukarangawekuMberengwa
You and me have exchanged views on this site and elsewhere in the past. All I can say is you are remarkably consistently stupid! "Chandagwinyira shavi rebenzi!" as one would say in Shona.
"Iwe mukori unongowawata uriDiaspora ikoko kubva kare waida MDC iite mareforms api isina majority uye vakarega vanonngotonga zvakadaro . Nguva yeGNU hauna kumbohwa Gonese pakaedza private Bill yokushandura mitemo wePOSA akakundikana. Iwe ndaidombokutevera ndakavona unongopengawo zvawo zvako poritics mitambo wenhabvu kwete zvako izvo .ZANU haina kushandura bumbiro wemutemo kuChief Justice azodzwe vushe pasina kuitwa mainterviews so waida MDC ikurure nhembe ivo vasina majority . Unongohumana uye hauvuyi kuzovhota tibvire mhani dai wadonyora nezvezhara mumisha kwete poritikis unotirutsisa mhani," you said.
I have told you before focus on what the person said and not where he/she happen to be. I have heard brilliant ideas coming from those in the diaspora and who are in Zimbabwe just as I have heard foolish ideas coming from those in the diaspora and who are in Zimbabwe. So you harping on about my being in the diaspora is plain foolish because I said the some things where ever I happen to be.
I and many others have explained thousands of times what MDC leaders were supposed to do to implement the reforms they failed to get even one reform implemented because they had their snouts in the feeding trough. MDC had the majority in parliament in the GNU, so stop talking nonsense.
What is the point of voting in an election you know is going to be rigged? You have faithfully voted in each election, you say; tell us what that has accomplished? All you have done by participating in flawed elections is give the process some modicum of credibility. Why is that so hard for you to understand?
It is not all who see who perceive, it is not all who hear who understand. Years of idleness has resulted in some people's brain waste away into fatty tissue; and now they can neither perceive nor understand anything regardless how obvious or how many times it is explained to them.
And who are you to tell me what I can and cannot do?
The trouble with fools like you is you do not understand that freedom of expression, like everything else in this world including elections, only works when all parties play by the rules. Your freedom of expression, in this case, does not including the right to tell others to shut up. You are free to disagree with what they say but not deny them the right to express themselves.
Your mother did not call you "Stop-A-Thief" and I have not asked you what your real name is and, frankly do not care, so why are you imposing restrictions on me?
What is at issue here is that the elections were not free, fair and credible, that the voters were denied the basic and fundamental right to a meaningful say in the governance of the country. This is such a fundamental issue of national importance and that means it goes far beyond the partisan and party political loyalties.
The people must be united in asking: "If anyone can be denied a meaningful say today what is there to stop you or me being denied the same tomorrow?"
"Bvirobviro dzemhenza, mapfeka!" as one would say in Shona!
So, once it was clear that what was at stake was far bigger and more important than the individual politician or their party it was therefore a blatant betrayal by the Con-Court judges to fail to treat the matter with the seriousness of the People of Zimbabwe vs Zanu PF dictatorship.
The longer we have allowed the Zanu PF dictatorship to exist the more it has spread its corrupting influence in society starting from within the Zanu PF party itself spreading outward to the opposition, state institutions like ZEC and Con-Court, right to the Chiefs, Headman and to rogue war veteran who has been harassing and beating povo at Zanu PF behest! The country has have many golden opportunities to end the Zanu PF dictatorship but have wasted them all because the individual called upon to act were in the regime's deep pockets!
If we are serious about ending the Zanu PF dictatorship then we must first deal with it wider perverted influence in society, the source of its strength. To dam a big river, first dam its tributaries! To end the Zanu PF dictatorship we must implement the democratic reforms designed to severe Zanu PF’s corrupt and tyrannical control over ZEC, Con-Court, opposition everything!
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